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SR-092496-8B FROM-`• P~anr~ng ,staff ' ~. CC + n + ~kfa ~G~ 2 'T ~~JU ~ Sar_ta 1-.or~i~a, California v.BJEC~'• Recc~~~encat_cn =c -n~rc~:~ce -or First dead-ng an r'~=r_~r~ce ~_-re__d_r_ e~=i~ . ~~. ~~ . =G _o. ~~1~ of the Sa nta '_cr.=tea _`a~=~- r•al ~~~~~ _~ Willa: the ?`e~rollt~o~ of ~.ar`'r_ -uu .~ L:~= ~:e~ wed- ar.~ 1^ ~e=-r~:-ranged Bu~ld~ngs INTRODUCTION _'`~-- St3r~ --- .._ ~ _.~~__="~~__...~ ~_ ~_ _ .2 v1- l_O~„_i`_^_11 i~^~r~~sce for f-rst -~~u_r_•, ar_ '~~a=__~r_~~ ~~ ~r~~_ ~, S°~_i~r_ ~. v'-.1'~~.lc.!'_~' .;f the ar_ta ~-~r_~~a ?_~~.__,~=na~ ~co4 __. ~~de= _,. ~~r~mize t e namrer a~ -.~can~ ~,-.~==~-n~v- _r~... =~a.-e ,~ ~~_~_~__.._ =~~µ~_ ur~r_ p~~;l~.. safety ~~; a-~" ~r. fc_ tine ue~v.~_t~~-~ .,= tiar= =g,-~ :e µa~au-~d ~=_wctures that are rew- ~~r _el=c~~-_.~a'~~d ..~vh~.•~r =-_~ __~ed fv_ a replacement plan. __--~ =ext a-~er_:i:TMcr_t ~~:~~~ reg.=ace =_.._ v~is~~r:~ ~r~~eri-n ~~rdinance a~oo=~.~. _ fi e _~t, 'vv~~.r_^-- _ .,~.~~v _i, 1~~~, ar_d eXvende^ cn Ju~V _~, ^~~v --ri.V~ ~cr_ta_r_~ ___~ __x~_ r-.,.i~~or_~ as =he ~rcposeu BACKGROUND ~~z Fe~~aa.- _ _ ~, _~~~~ t=~e ..~__- ~:;~~:=1~==1 ~i_ecteu s_a-f =c analyze _=~e '..1=_'~, U--~a_~t~v__ ~=~u~~-are~, ~r=-'__~._~es, ar_:.: 1`1r_~ process ..z~n S~~ 4 =4~cect tc ~°aca~t ~~~=-r.=n~s -- --~--.~--_-- ..a~ =.~ised that vacant. k ~=~~._r_~U ~_~.~t= ~ tree =_ -. _ ~1~; T_.. sa-°r_- ar_~. pe~'haps 4:~e uP~-,-ol=~i~•r_ ~_~i~ar_:- ~_ '~:_~ vrcc4~~ ~=_..~1'd to ~rcd=fled to ~e~~er addreau. tl:=.~ tii ~-.~~t=cr_ . I= e ~~ __-' ~ de~roli vio~ la- ~r=.._ _~ ~ aye _~, ~ `J~Jr. ~-•F~_1_lJ~pal Cede ....~~_~__ a. ~~~.1~~.10 ~•eTOl_t~~•Ps arc- ~deu - _Gt no der~c~-tzcn of h~~_ld=r.~~ and .. ..°uct~a=v~ s~a~l ~~ Ucrr=~~ec exce~~ r.=men a-1 c•f tre ,. __ =e~~-al ~e~~r~t was ~~an •~r=r_tea _ tre Rer_t Cor_trc~ ~vur~ ~ ~r.q'~__e~'. ,~ = yr reside =? G= ~uw=~=._,~, tic. f-.~a~ _aer :~-t to co~~ence c~r_~-rsct~~~_ v~~ ~ ___ -~~~_ ~~~ _ -c•~ ~_ was peen ~ss.~ed, cr v=~ L'=rec~~_ „_ ~la._._=. ~:~~v tre ~s=_~~=r_a Gff-cia~ ra~~e ~~ verr-= .ed _~_a~ ~__~ ~ __ u~~4_ ~. _,..,7 .~ ~u~l=.~ ~_.~=sar_:ce ., ~_1" v _-:_'-l~ ~!'.-' ~---~_ ..._,~~v ~~lua ~C:l y:'1 tirl° _f-- L'Is~.r+ct .~_ =r_ u~x~y ~~~~r~rur~=~.= __~r_~~ust"-~= d=stric~, Grid not s~~~, vet _~ re~'_~ ~___-_..~, aVV 4xe~pt frog this rv~a=Y~.r-e_Z~ C - ~r; ~°_r' Y_ I,.,G=_7 ~G= ,w__.J~ p_ar_ 1_a b cr'_ anpr~,~ ; eC','.. .. ti'a~~e~L:~r_~ ..~c ~ °lC~_^le t =v lr_ ~.~r.TC~="°c~...~ ~~- ~r ~= 2 G=neral ~_ar 3n~, ~_~ ~~vlicatle = ~~~at=c'r_s ___ ads=t=~r_, trere urn r,rn--lsl~__s teat ~truct~:-r•es elder t:~a„ 5G c 3 "' S _ ... '~~: _ _ v _ ~ rl C.I"- ~ r : ~ - - '"~'" ~ , ..- ~ ,.., . T : _ ,_, .".~ °'"lC~ ~ _ t ~ ~'J _ 3 r: C C fi7"' E~ "'_ C e . :t try I:.~_~r _ ~, ~~~~ ~_ _ ~~.~__.~~~ _ ~~.~ir_,, sv..-f presented an ana - =v c- yxisv~._ ~cr_::=t=^n~ .:~ _ _ ~e~-~e~t tc -.-avant :c-aila-~~s ir_ tr4 ~._ _ , .: r_=cr .-__~~-~u ..__-_v ___-_~ are ~ to~,~l c- ~2 vacant ~~a--.~~=~g~ _~ -~_ ~_ _ .~2e .-tt3c~^-en~ a, ?'Grcr 2%, _y~~ ctaf~ revcr= _~~e .. •.~:~~rs ~~ _- ..- __-_ c'- .-a :ar_t ca~~~ir_~~ ha~:e -~'-=`~-_ ~~ .-__ ~cr~e ~-~_-~~ i _~=~a~_~,a ~^at the_r ~L, =d=r_gs 4~i11 be -~4~ai--~e~ ~ _ r.e_ ~.~tie~? . _ :e~ - ~.. vz--? r _ ~~ _r_c_~~~e out :wr_~rLg plan:^_i :g _ ~~r-its, GNU- -_ ~~~~ _~_ _••I~=~=-a~~__ Ea----~aa~~ Revo-~er7_,. Loans s ~i='~?~i , Lr i:i~'~~ -..--~~ - ~."`.~CS.. ~. _.~ ~ ~ __.__`•~Gti-.-,. _2_ ~ .'rt ^O _. ~ ?~! rCN _S. tiS ~~ ..__v =-L!'_c~ .3 •^ _~.t__.,___,~, '"1~ ~~~__,7..~__ _t_ __..~ O~v~'_''e~. ,T:-;e'_7t j,7-tlr0 f..i ~1:-~- ._.r:. ~-art=lv .~-~{C .......'.'-Gr`°~, ~~- ~'-^- _'~•t, _.~ ~;1~~=:'_?~ -I`. .%.. c.~_~.~___.,. '_~~r~v__ !r', _aGC ..-.~_~ r~i~~_"t, li. ~ :-~a ~cr-t° ~~ ~wses th~ -.aoar_ ~= h~:ildir:~s _~ ?ttrib~.~ta~lp to ~a~aH ~aL~ _~ t__ tre~e `-~_ -=~r-age ~~,,77~.~_ -~~-~~'~c_. __- ,~,7rar~- cf t:~ese _.. ~~ ~l~-'r- :1...-., ._„__uC Gl.: '.~ _C-~r _ Uri- ~.C-_A ...lei __,... F'l.,? ~__ ,,:Zderta yen v`iZ .. C_Z ~-_- =°Ia=~--- - ~~, 1 ~~ ~ r__ ~~'~~------ --;~ _~ _e~ _-tee ~i-_ Y _ 4crne~.%'s orL-ce _~ ~:ra-~ ~__ ~_.~-^~__~v ~~~~__~.-r_ ~_.- _=~~__ic-~a~ ~~c~~a's de?no~_4_cn ~e~-r~~ ~L~~-~~~_~~ ,.v ~__~~ -___~~~c _ =vM s~r-a:~~-~.~~s .~h~ch ha~re peen - --~- --_ _ ---., •.~-~a~ ~=u ~_ a _~s~a~ _ ~ . __._ ,;c- =--=image car_ho~:ake and its ~.-~ervzv.. _U ~~a. be ue:r~ i ~v.__~ ~ --_-.~~_ _~_e ~e~uwte:r2rit of a _e~lace~~e„~ N= ,~~~ ~er~-t, ,'~~~~ ~e_a~_~i~_ t_~e rega~re:"lc:lt cf -an~~~rl~ ~~~r~~r-~c=~._ a~~,rc-.~- T~~_ u~w~l_~_~.._~ ~_ ~~s_=dings amore than .,__ „u._~ ~-, =a~~ ._~e Cc~.~_~:.=1 ~dv~~_.,. _rte=='-t cr.~_ra__ce w18S3 ;CCS; _~r~_e~~~=__- Y'r.csv µ~e- cr-en~_ ~~ _-_~ ..~t=., ~ ~e°-~~~=_=icr_ ~=c~cedures. lac a~ _:~e =~r_~ 1=, _~~ ~~Ce-ir_~~r, _r; ..vv__ci~ ~~ _ red a ~escl-;~ticr~ ~f _-~t----'-~=~ v~ Gr-e~c tr_ ~^~~irc .,~- ~~r_ar_ce fc; =zcse same ~rcce~~.,~_~~. ~?_ ~~1~_- =~~, _~°~ tre ~=t, Cv'~.__cil ~dc~ted ~r_terim ~rd=n~..~~ ~_~ Cy..°~ ___~__ ~:~~~__ded ___~ -crc:-rs=;ns cf ~ terim ~rd_r_~r_~_ ;;._~_ vC~~ ___ s=x _ _~rs ~o a-~c~.~ s~~=is=ent time _~e ~rv_ ~~_.~ v_~~r_~~rvY ~~._~~~_-_--~ '-- ~^is ~~.~=` re~ur~ ~r;ends ~~ct-~r_ ~ ^_- _ ~=~. _~ _~1~, t-~e ~e?~~==~i~__ ~_ ?~w~~di~us ~ .d S~r~c}~ares .,vct~: r of _r~ I=u~__ci-~al ~...~e, .. .. Gllo~ =~_r ire de~rcl~t-~on c_ red- ..~rt'r:~~~~k~ ~ ~. _~~ ~ft~r~~c.: ..~ ~~_ ____~~~_~rer_t _. The nrovosed r,%r=?==__~~ c~~4 u~rt~~l=v 4^=['p _~~r~~ ~-i_~J ~_..-- "- t- -_~ ~"Yt1QI= _" ...3rd ~' t1'c ~'_"; ~~...~.:_ c5 f ~~I'" ..vr'~-- =1~ .. _ ._..,:1141_iCf~ . CEQA STATUS ---.. _ _ _ ,~e~ ~-~u=-=a_~c~. ~~ ,~~~v~rcr=~~11__ ene~r~v ~_ur~ t e ~ro-=..=cns ~~a=~ ~ Jr ._-~ ~C=t~ _~ t==~=u -I~__=ca .:~~:~e-rres for the GENERAL, PLA~v' CONFORMANCE ,:~e p~,v~4Ve~ V~~=__~--~~ ~s u~~s~:.~~_ ~,~zth Fol~oxcs ~v~ta,n4a ire the ~a_` _- ~1YTM~r_~ .._ t _ .-vr_e~al = _G~ • --- F _ ~-~~.~ta-~~, ua=e~~~ dement Cc~= ~ ~.~~_~ =cr ~:~e ~~~t_ tc "-r~r_- =~-ze v_-~ vccrcr~-.~ i~rpact o. ~. =r.~--, ~~r~~',1~ ~ -r~.t1r,=i, _1-~:1~=u~ ~_ ..~i ..'_=~ =._.~1 _ r ::.F Y'1r~ Cr'i ti:.l~?i=C a'_7C1 ra.r-~a~v ~_^r~r~_-, and protect the publ~.c from earthquake hazards" =r_ ad~~~~or_, ~..=~t_ E~e--~erl4 ?c~= _- 1.~: ..a11s ~or t?'~e City'.. to "strengthen the project permit and review process to ensure that proper actions are taken to mitigate the impact of seismic hazards ~~ ~'~~. ~_"~~~.. ~ ti"~l ------~- --> > ~r'r,r'~''~ ~~_e ~r~•G2~5 fCr aer"~_-~r-=--J __ ~ __uc*_~_~ uarra•~~u _ ~__~ ~,a~~aur~ _,, _~~~ Northridge ~~==__q.~~~~ .~=~ ~-~ .~r__~v__v~_s C~,r_~___ _-, ,._.e ue~:;~~tior_ permit pr~~s-_~-~__a it __~e Z~__ir__ ~_.~-r_ar_~~ _-'•r res~~e~~_-a~ ~a~lc~ngs ar_u ~t_~~~.t~~_es re: -_~ teat, ~~ _~v~~ a ~~~err~nat~~=~ _~as beer. :Wade teat ._.e ~.•~~=di„_~ _a ~ P~b1i~. r_~~_.~ar. ~- , ~ ~~_.~_-~_c~'1 p4rr:it uar~ot be ~~s~~;.u -~.nv~= af~~_ t=.- -ir_~~ ~_TM~_t ~c ~.,_~~e~~~~• ~cr_~tr~:vtio~ for a _ _uce~e=-t _ = ;eV` =gas h=~._ _~~~:v~. _-~-~ p r^cea~ ..an be lenctry, =i~ =ia~ ~~.C _ ~~_=1-1?~ ~.._ ~r=~.3~~~1==x.~ ...~_ ,-=.1~ tre Cie-'111=_On Of ~_r-~cv-sres ~ _._~_~ Ta_ re~v_ ~ ra~a~us F°c~ ae~~~~c activi~y ar~d ~r: v_ v= ~_':~ ._~,._~v __~T __.~~~ .:.rte 3- _ ~.~'_"'~_^.=t~..-1 . PL~~,NNTh'G COMMISSION RECOMMENDATION ;~r_ -.~,a, ~_ ~, _~~~ ~ _ ~_~_._._._~ _~-- -~c-^_~ ~:~= d~.~c`ed a public ear_ :a -__ -_~~ _ cue aTv__~_ __-- -- tre __ar:~~-tea' Code_ The S `la_~~~=~c ~v=~~~~=~~__ -:rid ~~..__~~:o~~~=,,- ~~. _-_~r~r~e::a a~pr~~val of the ~~a-~°^ ~ fio t~~~ __.=.n~~ -~ ..V~4 ~~,r`a~.ryv.~ _r_ +~.Ze ~roose~: ordirar~~e. HUD GET/FII~TANCIAL IMPACT ~1_: _ ~ ..G~. _,. ~_L4~ll.•~1--~~t~ _~- ~-~_.~ __"`___~.~~µl _. ..: -..A~ ~~~ i~1V ._ ~d4G a ~•~~ ~~fi ~r T~rai~~~a~ __ ~ac~ ~_ _:~e u-~e~~Te__~v ..~1~ relate tU the RECOMMENDATION utaif _~ ~ec~~rTMe ~~~u _~at tro ~~_- - ~ca~~_= ~~~~rociace for first va~~ir~,n t ~ - _ - ~:seµ at4v.~__~.~ vr~~.~a--~c~. ~v a=~o•-~~ ~~:~r the aeTno=~t=or_. -f _.~~ ___-~, ~ _~ ~ rr~YG~ s__ ~~.~-e~ .-_~.. u=~ _~..~- or ~~~-~o~a-~acc~ed FINDINGS _r_~~e.-,~ _~ ~..._~~~tel.t ~r_ ~~r~.~~_~~e nth the ~~Vw~-~~.~__- ,. ~ =~ SG~~__ ,lEr'e„ ~ CoG! i a:Zu ~__~ ~._.._ss ~_ ~-1., _~~ f~- tie ~e^tclit~o~ cf ~. _ .e ~~~..c he -_=,, ,.~_~-_ ar_o _e.r_era- ~,~e1-ar4 regulres the ~~~~}=vr_ ~f t~_v ~~zc- ~se~ = ~e-~-re~ _ .~ar_y -~ ue _r_ order ~c ~reser~~e ~~u ~rc_~~_ tre _ ~-= _- --_ ____ _:_ ~_~__ ~ifi_ . T:~_e ~1__ ~os_e~ r_-.~r~==~~~_~ h-_~i1~1 =Y •--_--_ -.ere r~_ __~ ~., =he .;~.r_aar, 1", ~~~4 _-~~t~-- ,~°=r~ ~~e 4-_~ -~~ G=to-~~_.~ _._ __~ a ,-eilc~•~ or reci ~ag. .:~r=~1: _~rr~.-_v ~r_e ~:s~ v = ~ti~a-tiG_,c - .._ ~c = ~==~cv4res. rfanv of t~~~ _ h~=_"._--~ _ ~-~~a~r_ Ln~~~-a-: -~~, ~ _~ :~..-_ bee~~ -he sub~ec4 cf _-~_~ to ~~ ~~; : _~-: ~~r ~v,ar_, _ ~~~~_.-_ -- - ~ 1s .. _ =en .~=ff_cu.t tc ~F_-~rv _ _~=- ~ =_-u~~~~ _v =~_~ _ --~ _ ~_~_- ~ersc~s ~:h~: are U~°~=~-' _ + -vl=v~ .,_ ~ _v_~==~~__ _~r =-~e ~~=~u:~c~ c* 1~1ega~ V.~t1~1-~ ~~. TJ u.~___.,_~-ems ~r_t_ - ~~-~ vYea=~ ~ vYr_=_al f-rv_1sk .~ :~ -=--~=r --~~1-.-- - .~..~ras ~_..=~ _ ~.r~~_~~ ~=art=.:g =-res fcr vo= k~r_~, -eG='--_, __--- _--- ~~, ~~r~l at=~~i_ ~~f ~~r~ss==~..e rG4c__Gl c, and frc^1 _.~e cc_...~.~_ .._ =_l;:u-rl ~.~ =~.-~t~.=~.. ~ a~-~ as ^ra~~- ase. - _G _.-_ ~ _~A _. ~._ _ ..- .-t _ ~ ~ ~._ ~v~-E r'-t ...ic'~~rt~Er.t ~.J~.~_~ _I-~_~1~1ra1 ~~'~ .,_G__ ~e~c~r: "__ D2"CCIlt10n -~_ E~_ __ _uG-1c-r~ar'age~, `,vacant ar_~_ vt~~~~~_v~. ~::r-J'.=°1~ZCC =_Te~~lu ~F?E~l`J'_: ~~~°_L~ ~:~F tr2 U3rt3 ~iJIl1: 3 ~~u~ ATTACHMENT A f : ~atty~munl~strpts~mjm'~vcntbldg Council Meeting: March~_2yi 1996 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Recommendation to Direct the City Attorney to Prepare an Ordinance Modifying the Demolition Procedures for Earthquake-Damaged, Vacant Buildings and Structures INTROpUCTION Dn February 20, 1996, the City Council discussed vacant buildings within the City, their potential impact upon public safety, and the City's demolition and nuisance abatement policies and .ordinances. Council d~.rected staff to evaluate whether the policies and ordinances should be modified. This staff report responds to that directZVa. It provides information about vacant buildings within the City and about currently applicable law, and it recommends ::rod~f~,=~ng the demolition ordinance to lessen restrictions upon de:~c~~t~or. and increasing nuisance abatement efforts. PR~SEtt'I' ;.~F,W The existing nuisance abatement ordnance establishes an adr'~n~5tratlve procedure whereby a structure may be declared to be a public nuisance and the nuisance may be ordered abated through appropriate measures, Including demol~,tion. See Santa Monica Municipal Code ("SMMC") Chapter 8.12. Legal staff is currently preparing proposed revisions to the ordinance in order to streamline nuisance abatement procedures and maximize their 1 efficacy. Staff anticipates bringing the proposed revisions to Council with,~n a month. The City's present dem©lition law, which is codified at Municipal Code section 9.D4.10.16, provides that no demolition of a bu_lding or structure shall be permitted unless and until four conditions are met. First, a removal permit must be obtained from the Rent Control Board, if required. Second, far residential buildings, the final permit to commence construction of a replacement project must be issued, or the Director of Planning and the Building Official r..ust determine that the structure is a public nuisance. (However, single family dwelling units located in the R-1 District or zn any co^~ er^ial or industrial d~.strzct, and not sub]ect to rent control, are exempt from this requ~.rement.) Third, a property maintenance pan .-.us~ be approved. Fourth, any subsequent development must con~~rr~ to requirements of the City's General Plan and to all awL~-rca:~le Ye7ulatxons. Additionall„ °or structures more _ :?:- a _~t~- }.-ears old, approval must be ~o tanned from the Landmarks ~c~r~ _sszc:-~ before de~,c'_ition. Sa-~~a ~:onica's demolition requirements have not beer, challenged in ~~u_ _. F;owever, a pros~ision of tine Los Angeles Muna.czpal Code req~.:~ri:~:, the approval of a replacement project as a condition of the issuance of a demolition permit was recently challenged in Los Ar:ge' es Linco 1n P lace Inv . r etc . , v . C ity of Los P.nge les ( LASC Case No. 5438778). In that case, the Los Angeles Superior Court ruled 2 that the condition unlawfully conflicted with the Ellis Act, California Government Code Section 7060 et seq. It is anticipated that the City of Los Angeles will appeal the superior court's decision; and, in any e~ient, the decision in Lincoln Place zs not binding upon the City of Santa Monica. VACANT BUILDINGS IN SANTA MONICA Staff has reviewed available docu.nentation in order to provide information about the nvmher of vacant buildings in the City during the past few years. A June 11, 1991 staff report to the City Council identified 212 vacant buildings in the City. Of the total number, 172 had been removed pursuant to the Ellis Act. o}~orizng the Northridge Earthquake in January of 1994, there were over X00 earthquake damaged buildings in Che City which were red or yelow tagged. Since the earthquake, the vast ma~oz-ity of these -sao.ant buildings have been repaired or replaced. Also since 2994, 11 buildings (representing 92 units) have been removed pursuant to the L'.iis Act. However, 7 buildings {representing 35 units) have ret•srned to the rental market after being "Ellised". As of February 1, 199b, staff had estimated there were approximately 120 vacant buildings in the City. This was based on the City's red and yellow tag status list and the list of vacant 3 structures identified by the Fire Department. In preparat2on of this report, staff verified the information on the lists and determined that a significant nl~mber of the buildings had been repaired without permits and there were address duplications on the original lists. Staff has now concluded that there are actually 62 vacant buildings in the City which do not have approved permits to repair or reconstruct. Df the 62 buildings, 39 are red and yellow tagged (11 red tagged, 28 yellow tagged) . The other 23 are not vacant because of earthquake damage. Thirteen of the 62 have been ident~.f~ed in the City's Historic Resources Inventory as potentially significant, mhe table xhich is attached as Exhibit "A", provides information about the 62 buildings. It shows that 21 are still under rent control, 5 have beer, "Ellised", and the remainder are either co:nmeYciai, single family dwellings, apartments exempt from rent co:;tro~, or apartments that have been granted a removal permit by ~he Rent Cantro? Board. Records from the Nuisance Abatement Board (NAB) show that it has undertaken ac4ion as to 17 of the 62 buildings, the most common acticr. being the issuance of an order requiring boarding, securing and fencing of the structure. Force calls for service records indicate that ca115 for service decline significantly following nuisance abatement procedures, suggesting that the procedures are genera3ly effective. 4 The owners of 24 of the 62 vacant buildings have undertaken sore activity indicating that their buildings will be repaired ar replaced. These activities include pulling planning permits, applying for MERL loans, or submitting requests for increases in controlled rents. As to the other 38 buildings, no such activity has occurred. (fiwenty-two of these are earthquake damaged; 16 are nat.) In summary, in a majority of cases, the vacancy of buildings is attributable to damage caused by the Northridge Earthquake. Some vacancies have occurred as a result of owners choosing to remove their property from the rental market; however, a number of owners have also chosen to return their properties to the rental market and their buildings are again occupied. Nuisance abatement procedures have been undertaken with respect to a significant ru~r.er of vacant buildings, and those procedures appear to have ~~5~ "S5IbI3 T11A existing demolition ordinance was adopted before the Northridge Eart:~gsake for the purpose of preserving and protecting the exis~ing affordable housing stock. Premature demolition of existing housing would foreclose the option of returning the units to the rental market in the event a new development pro3ect is not approved ar financing cannot be obtained. Consistent with the Citv'S environmental and historic preservation goals, the present 5 ordinance promotes the preservation and reuse of sound buildings instead of their destruction. The fact that only 36 non-Earthquake damaged, vacant buildings zn the City do not have any activity indicating they will likely be repaired or replaced and that a number of buildings whack were removed from the rental market have been returned to at both indicate that the demolition ordinance serves its intended purpose. However, the Northridge Earthquake created a new and larger class of buildings whYCh are both vacant and damaged. The nuisance abatement procedures have helped reduce the health and safety hazard posed by these buildings. However, in some cases, concerns re~',aln as to the threat vacant and damaged buildings may pose to safety personnel, to transients who sometimes occupy them, and to nezcrhbors . ~her~rore, ar. order to prEServe the benef,ts of the existing :~e~o~rt,on ardznance while addressing the earthquake-damaged :,uy~d~ngs which comprise the r,a~orzty of vacant structures, staff recorueras the following measures: ~~, Llz:;iinate the re ~rement of a re ~acement ~ qu- p~ plan nor red or fellow tagged buildings but retain the requirement of Landmark C.c:zr:asszan approval for 3emalitian of buildings more than 50 years old. 6 (2} Increase efforts to address problem buildings through NAB proceedings. Additionally, as noted above, staff will sawn present the Council with proposals for streamlining and otherwise improving NAB procedures. Staff believes that these measures will adequately address the safety concerns raised at the Council meeting of February 20, 199b without making a drastic shift in City policy. Qbviously, other possibilities also exist. For instance, the requirement of replacement plans could be eliminated altogether. However, for the present, staff recommends an incremental, rather than a drastic changE in policy. Should that change prove insufficient, or should new developments in the law so dictate, further policy mod~`icatzans ma}• be undertaken at a later time. :^E re~o:;~~endations made ~,n :his report w;,ll not have any direct n~.d~etaY or f :.sca, ~mpact upon the C_ty-. ~w~^r~FraD~ i Yoh It ~s recaml.~ended that the City Council: i-) Direct the City Attorney to prepare an ordinance which would modify the Czty'S policy with respect to demoiita.on of iouzldings and structures to eli:~.nate the requirement of replacement plans for earthquake damaged buildings, but which would not modify the landmarks requirements for buildings older thar. 50 years; and (2} Direct 7 staff to increase efforts to address problem buildings through nuisance abatement procedures. Prepared by: Suzanne Frick, Director Paul Casey, Assistant to Director Planning and Community Development Marsha 3ones Moutrie, e~ty Attorney Mary Strobel, Deputy City Attorney 8 _ ~w _ z _ '_ Z z r., ~ _~ r~ iy ~ 4 .Z ~ - w ~z z = ~^ ~1 z I/'+ ~~ /+ z Z +_ . ~~ ~ z ^_ _- _ ,~ 1 ,.., -.. ". .... Is ,v. s ~ ,_ y j" ~ ".' y it - ~ "' ~ Y .... 'Z~ .~, _. ~ ~ iZ ~ - ~ ~ - ~ . ~ z .r. ~ ~ 7 y Z ~ j '~ Z iw 7 E ~ ~ y ,~ ~ . .D ~ _ r' J Y- ~ ~ `- - ~ z z ~ .z~. , z~, z - z~ .. z i z_ " _ ~ _ ~ ti ~ ~ 'T ] ~- '_' ~ iT ~ ~ z f .__. 7 _ _z_ ~ ^ z ~ ._-.-~~ `Z=z _hz cz-z __zz -- Viz. z h f - !~. !" J. .r ./' ! ~ I~ ,,,/ :1 : ~ Z h 'r i 'r z Z ~-, :! ATTACHMENT B CA:f:\atty\muni\laws\mhs\demo City Council Meeting 9-24-96 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 9.04.10.16.010 CONCERNING DEMOLITION PERMIT REQUIREMENTS WHEREAS, the Planning Commission adapted a Resolution of Intention to amend the zoning ordinance to modify the standards concerning issuance of demolition permits; and WHEREAS, the Planning Commission held a public hearing on the proposed amendment and made recommendations to the City Council following the hearing; and WHEREAS, the City Council held a public hearing on the proposed amendment on September 24, 1996; and WHEREAS, the City Council finds and declares that the proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan, in that it furthers the goals of Safety Element Goal 1 and Safety Element Policy 1.2 to mitigate the impact of seismic hazards by improving the process of allowing 1 far the demolition of earthquake damaged red- and yellow-tagged buildings; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment language in order to preserve and protect the quality of life in the City in that the amendment simplifies the process far demolition of unoccupied, severely damaged buildings which pose a potential risk of fire and other public health hazards; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTIDN 1. Section 9.04.10.16.010 of the Santa Monica Municipal Code is amended to read as follows: 9.04.10.16.018 Demolition of buildings and structures. (a} No demolition of buildings and structures shall be permitted except when all of the following conditions have been met: (1) A removal permit has been granted by the Rent Control Board, when required, (2) For residential buildings and structures, the final permit to commence construction for a replacement project has been issued, ~, ~L~ ~; ,~ ct--- c° ~ lu~JaJ~aJy ~ .d t. ~. .,,,. , a, _g ~~~: ~.._M vy 411G J.+1i ~+ ~/J. J..JU11u 111 V111V~..-1 1JU V4.~ U44.. A.-11L11J1~..-bl 1.-l l~.i4 411G J1~1. 11V L+uiv 1r7 u ~.I 4J..I11v 111.11JUJJV4, 2 ~. . . :?' F ~ 1: a- r e 7{t. i .. t:i ~ ~~ ~i~:a I I - ~... 1 k.l. !' 1 I , ... 1 ~ a t ... . (3) A property maintenance plan has been approved in writing by the Director of Planning and the Building Officer, The Architectural Review Board shall adopt and the Planning Commission shall approve guidelines and standards for property maintenance plans pursuant to Section 9.32.04Q. ~ ~ n__L.-. ._ ~i .7 R~._1 ~ ... i. ... r..........: L.. LL LL.. ~=I .~uv~~.~uc.,,_. .ic.r~+vp,uc....., i.~ i•a vv~aivi•..i~Y irii~.aa 4aar. n ....... -. 1 n 7 -. ,.. a _. l 7 .~ ~ L .-. ,.. l .. L.. 1 ~ _ ~ ~ a. uo.aoici+ ~ ~u~. u....a use v~.~~~~ u~.rr~~~u..~~c. r.=.y~a.~u~.~vaa,~. was 1a~~ucd iaorE~ than fzft} years }~etorc: t:1E' date of filing Of tJ;c~ de:nollriar_ p:~rmit ~iZ~~li~;atlon, the reyu~.remerits of s~absect.cn ;;~; '-~ _ tea. ~ ~_ _ _.:. the r'~c}uircl~~nts a• SuLsection (a) ~2} _, mingle family dwellings which are located in the R1 District, any Commercial District, or any Industrial District and which are not controlled rental units under the Rent Control Lata -- - --~L ram„.. .LJ.~~l ~ ~ • ~ n • ar LL ~ f'.~~L ~_. uic c~taci..rv ii vxa .~ui..~..~ti++,,~....ivi• lug lc. f vi ~..aii.~ vc..v a.ivaa i, _~larninG ~3nc tl:e EiualdLnq OfrlcEr hati•e determine. tc. YJe a pubic: I.uiaar..:.~. L 3 ~ I~ui t.~ t t:q5 and str:~ctures •r:nich x~ere Gar.~dged bra t}~e January 1',, -c,y-~ ;v~rt}.rldge ~~arthqualCe or' lt:i ditE'~FihO~:JC~, d:l~ 3 (c} Prior to filing an application for a demolition permit, a notice of intent to demolish must be prominently posted on the property. Such notice shall be in a form approved by the City. (d} In addition to any other requirements imposed by this Section, no demolition of buildings ar structures, the original permit for which was issued more than fifty years before the date of filing of the demolition permit application, shall be permitted unless the fallowing requirements have been met: {1) Within 7 days of receipt of all filing materials for a demolition permit for such structures, the City shall transmit a copy of such application to each member of the Landmarks Commission. Filing materials shall consist of a completed application form, site plan, eight copies of a photograph of the building and photo verification that the property has been posted wYth a notice of intent to demolish. { 2 ) If no application for the designation of a structure of merit, a landmark or a historic district is filed in accordance with Sections 9.36.090, 9.36.120 or 9.36.134 within 60 days from receipt of a complete application for demolition, demolition may be approved subject to compliance with all other legal requirements, including this Section. {3) If an application for structure of merit designation is filed in accordance with Section 9.36.090 {a} within 60 days from receipt of a complete application for demolition, na demolition permit may be issued until after a final determination is made by the Landmarks Commission, ar the City Council on appeal, on the 4 structure of merit des~gnatian application. The structure of merit application shall be processed in accordance with the procedures set forth in Section 9.36.090. (4} If an application far landmark designation is filed in accordance with Section 9.36.124(a} within 64 days from receipt of a complete application far demolition, no demolition permit may be issued until after a final determination is made by the Landmarks Commission, or the City Council on appeal, on the application for landmark designation. The landmarks application shall be processed in accordance with the procedures set forth in Section 9.36.120. (5) If an application for historic district designation ~s filed in accordance with Section 9.36.130 (a} within 60 days from receipt of a complete application for demolition, no demolition permit may be issued until after a final determination is made by the Landmarks Commission, or the City Council an appeal, on the application for historic district designation. The historic district application shall be processed in accordance with the procedures set forth in Section 9.36.130. SECTION 2. Any provision of the Santa Monica Municipal Cade or appendices thereto, inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. 5 SECTION 3, If any section, subsection, sentence, clause, or phrase of this Ordinance is far any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any port~.on of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause this ordinance, or a summary thereof to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: MAR HA JONES M UTRIE ,~,1~ C it~Attorne v 6